Q:
How do I get a duplicate copy of an approved labor certification application?
A:
Employer must ask USCIS(I-140, I-485) or Dept. of State(Consular Processing)
to submit a written request to the ETA regional office
for a duplicate copy of an approved labor certification.
ETA does not mail the duplicate copy to the employer, but to the requesting
government agency.
Q:
Once the labor certification has been approved, can it be amended?
A:
Yes, but only in limited circumstances:
- Error made by ETA: They will amend it.
- Change in employer's name, address etc: Changes must be submitted to USCIS at the time
of filing I-140.
- Job reuirements or test of the labor market for US workers such as rate of pay: Can't be amended.
- Post-certification amendments to the alien's Statement of Qualifications (Form ETA 750, Part B):
Can't be approved.
Q:
Can the labor certification application be amended before final action is taken?
A:
Yes
Q:
What is the procedure to substitue the beneficiary for an approved labor certification?
A:
Employer can substitute the beneficiary by simply filing
Form I-140 on behalf of new beneficiary. Substituted person must have met all the requirements such as minimum education qualification, training or experience as stated on ETA 750 Part A, when original labor certification was
filed and must submit documentations that proves that the substituted person met all
the requirements as of original filing date.
It is also possible to substitute a beneficiary before labor certification is approved.
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